People v. Rutkowsky

OPINION OF THE COURT

Oscar Murov, J.

Defendant was found guilty following a nonjury trial of one count of bribery under section 200.00 of the Penal Law, and two counts of rewarding official misconduct under section 200.20 of the Penal Law. He was sentenced to three concurrent indeterminate térms, the longest of which was zero to five years. The defendant has been at liberty on stays of execution since then.

Defendant now moves to modify the sentence imposed on the ground that incarceration would aggravate his heart condition to such a degree as to cause his death. Initially, there is a…